Reciting of the Third Party Beneficiary Exceptions in the Contract

Document Type : Original Article

Author

Department of law, literature and humanities faculty, Ilam university.

10.22034/ijrj.2019.564263.1642

Abstract

The privity of contract principle, ascertains that the effect of the agreement only puts on the parties of that contract. In the other word, the effectiveness of the contract only goes to the parties and their legal representatives. However, there exist some exceptions to this principle which the scope will be determined by the contract itself or by the law on the ground of third party beneficiary. Beneficiary is among the conditions of the dispute submitted to the court. This condition and the capacity of the plaintiff are the fundamental conditions in which the Iranian legislator encounters with challenges. Among the new challenges of the third party beneficiary in contract, is the era of intellectual property of patent law pooland licence contract. The question here is that how can be possible to apply the third party beneficiary in such contracts? The fuduli (unauthorized) arrangement of the others’ property and its sale is the other issues that need to be more scrutinized in the matter of beneficiary. Another question is that is beneficiary in third party beneficiary distanced from the privity of contract principle? Such as; the beneficent of the third party in the case of third party obligation, because according to this principle this is a right for the parties and the third person does not have such a right. The present paper tries to open a new horizon to the beneficiary in the contract and discuss the existed challenges and find suitable answers to the mentioned questions.

Keywords